Harold Kaiser, Ruth Kaiser, Maureen O'Dea v. Home Saving Termite Control
Published: Jul. 27, 2004 | Result Date: Jul. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC068330 Verdict – $1,940
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
James W. Whitemyer
(Christensen Ehret LLP)
Experts
Plaintiff
James T. Smith
(medical)
Sheldon L. Spector
(medical)
Defendant
Alan Szeftel
(medical)
Facts
Harold and Ruth Kaiser, retirees, rented a condominium unit to Maureen O'Dea for $4,500 a month. The Kaisers and O'Dea hired Home Saving Termite Control (Termite Control) to spray for termites using amorphous silica gel as the insecticide. One of Termite Control's employees dropped and broke a canister of silica gel in the condominium, releasing some of it into the living area. After clean-up attempts, O'Dea vacated the condominium and stopped paying rent. O'Dea complained of adverse health effects due to the silica gel. The Kaisers sued O'Dea and Termite Control for unpaid rent. O'Dea sued the Kaisers and Termite Control for personal injury, constructive eviction, and property damage. The Kaisers cross-complained against Termite Control and implied indemnity.
Settlement Discussions
According to Termite Control, O'Dea and the Kaisers together demanded approximately $400,000. Termite Control made no offer.
Damages
According to Termite Control, O'Dea claimed $200,000, including attorney fees. The Kaisers claimed $200,000 lost rent and attorney fees.
Injuries
According to Termite Control, O'Dea complained of respiratory problems, bowel problems, "dryness," and generalized allergic reaction. She was examined by three allergists, who gave uncertain or negative diagnoses.
Other Information
According to Termite Contol, the jury found that O'Dea was not harmed by the silica gel and that there was no constructive eviction.
Deliberation
two days
Poll
9-3
Length
seven days
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